Status quo
Chetan Pardakhe
(Querist) 01 April 2012
This query is : Resolved
That ‘Status quo’ is not defined in CPC but in my case the plaintiff had filed the proceeding u/o 39 R. 2-A whether it is correct ?
My client simply let out the suit premises (Shop) on rent after the status quo is granted whether it amounts to breach of injunction order or alienation of property because my client did not transfer the title ?
Mere transfer of possessory rights for a specific period amounts an alienation ?
V R SHROFF
(Expert) 01 April 2012
It depend upon , what you prayed? If you asked for relief, that no third party interest be created, IN ANY MAMMER WHATSOEVER, then giving possession to third party for LL or rental is illegal,
Once Tenant, to vacate it is almost impossible, and only ownership changes., Value of Property will be decreased drastically, say less than 50%.
He must have collected hefty amount & registered rent Agreement .
BE CAREFUL & VACATE HIM, CHECK UR ORDER. PROVE HE IS TRESPASSER, ASK POLICE TO DO NEEDFUL.
Kiran Kumar
(Expert) 01 April 2012
"statu quo" – literally "the state in which"
the transfer of possession to some other person does amount to violation.
you have created a third party interest in the property, whereas the orders were to maintain status quo i.e. to keep the shop in question as it is.
even a brick cannot be removed from the shop in dispute.
the things are not merely confined to conveyance of title...it will include conveyance of every type of right and interest.
SAINATH DEVALLA
(Expert) 01 April 2012
Dear chetan,
rightly envisaged by Mr.Shroff.It is nothing but violation of injunction order.
niranjan
(Expert) 01 April 2012
Status quo is very vague term and its effect has tobe interpreted in light of pleadings.
Arvind Singh Chauhan
(Expert) 01 April 2012
Yes I go with Mr.Niranjan, Many courts have said the same as Mr. Niranjan is saying.
Nadeem Qureshi
(Expert) 02 April 2012
Dear Querist
"status Quo" gernally means in Hindi "yatha istithi" if the court passed an order for Status Quo that means the property or the situation of the fact in issues will be same as that time when the court pass the order till further order, if any one change the status in the situation or fact in issue or any property(it's depend on the case) it comes under contempt of court.
feel free to call
Guest
(Expert) 02 April 2012
Perfectly explained by Mr. Nadeem. Any change in position after the order is tantamount to violation of court's order. So, even let out of the shop on rent after status quo would be breach of the status quo order.
